Act of the Czech National Council No. 97 / 1974 Coll.
Act of the Czech National Council on archiving
Valid
Effective from 01.01.1975
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97
THE LAW
Czech National Council
of 17 October 1974
on archiving
The Czech National Council decided on this law:
Preliminary provisions
The purpose of this law is to create the preconditions for further development of archiving to ensure the safe preservation of archival wealth for future generations.
Archives
General provisions
(1) The archives are written, visual, sound and other records which have come from the activities of public authorities, municipalities and other legal persons as well as from the activities of natural persons and which, because of their documentary significance, are of lasting value.
(2) The permanent value of written, visual, sound and other records (hereinafter referred to as "documents") shall be assessed in accordance with the criteria laid down in Article 31 (1) (a)] in the shredding proceedings of archives which oversees the disposal (shredding) of documents, other than the shredding proceedings of the national regional archives in whose territory the document is located.
(3) The Ministry of the Interior may delegate to the examination of documents an archive other than that which would have been competent under paragraph 2 or, where appropriate, may apply that competence to itself.
(4) It shall inform the authority (s) referred to in paragraphs 2 and 3 of that authority that the document is archival.
Archives recognised as cultural monuments
(1) The archive which illustrates the development of a company or one of the fields of human activity or relates to significant persons or, where appropriate, events and which is of particular importance for these characteristics or any of them to the culture of a society is a cultural monument.
(2) When assessing whether archival is a cultural monument, account shall be taken in particular of its content, form, origin, time of origin or its importance for general, national or, where appropriate, regional history.
(3) The proposal for recognition of the archive as a cultural monument is submitted by the archive in which the archive is stored. If it is an archive which is not stored in the archive, it is proposed by the national regional archives in whose territorial district the archive is located.
(4) The proposal under the previous paragraph is decided by the Ministry of the Interior, which may be entrusted by one of the State archives (Sections 17 and 18).
(5) Archives recognised as cultural monuments shall keep a separate register of the archives where they are stored; If such archivaly is stored in organisations and facilities active in the field of competence of the Ministry of Culture (§ 27), they shall be kept in a separate register of such organisations and facilities. The records of other archives recognised as cultural monuments shall be kept by the archives designated by the Ministry of the Interior or by the Ministry of the Interior itself. The registration of all archival sites recognised as cultural monuments is part of the central archive register of archival sites maintained by the Ministry of the Interior.
Archives declared national cultural monuments
(1) The Government of the Czech Republic may declare national cultural monuments the most important of the archives recognised as cultural monuments by the regulation. The proposal is presented by the Minister for the Interior in agreement with the Minister for Culture.
(2) The archives declared national cultural monuments are included in a special list maintained by the Ministry of Interior.
Archive as part of the Single Archive Fund
The archives held in the Czech Republic are part of the Single Archive Fund.
Protection of documents and archives
Pre-emptive care of documents
(1) State authorities, councils, municipalities, other legal persons as well as natural persons in the course of business (1) (hereinafter referred to as "originators") are required to ensure the professional management of documents arising from their activities and, where appropriate, from the activities of their predecessors (including those received); they shall take care of the proper file records, the effective and secure storage of the documents and their proper disposal during the shredding procedure.
(2) During the shredding process, archival documents shall be separated from documents of unvaluable value for destruction.
(3) The documents referred to in paragraph 1 may not be destroyed without the consent of the appropriate archive which oversees the elimination of documents (shredding) or, where appropriate, the permission of the Ministry of the Interior (Section 2 (3)).
(4) The originators of the documents and their successors in title, or liquidators or other holders of the documents referred to in paragraph 1, are responsible for the proper conduct of the shredding procedure, allow for the exercise of supervision (paragraph 3) and ensure, according to the instructions of the archives concerned, proper surrender of the archives to the archives.
(5) The originator may request the Ministry of the Interior to make a contribution to ensure the protection and professional care of archivaly.
Protection of archives
(1) The archives are protected by the State. The archives are specialised bodies for the protection and care of archives (Sections 17 to 27).
(2) If the archive is not stored in the archive and the owner or any other archive administrator is unable to ensure its protection and professional care, he may contact the appropriate archive which will provide him with professional assistance under pre-agreed conditions, possibly taking over the archive into temporary or permanent care.
Archive in relation to abroad
(1) Archives declared as national cultural monuments can be exhibited abroad or lent abroad only with the consent of the Government of the Czech Republic; they shall not be exported for any other purpose.
(2) Other than in the previous paragraph, the archive may be exhibited abroad or lent abroad, or exported abroad for other purposes only with the consent of the Ministry of Interior.
Reproduction of archives
The archives will produce reproduction of archives declared national cultural monuments and archives recognised as cultural monuments.
Protection of archives owned by persons and organisations
(1) The owner of the archive may transfer the ownership of the archive to another if the State does not purchase the archive at the maximum estimated price; the State's right to a preferred purchase of the archive shall cease to exist six months after the milking of the owner of the archive or if the State rejects the offer in a shorter period. The offer must also include the required price.
(2) The owner of the archive, which is not stored in the archive, is obliged to take proper care of it and to allow the staff of the archive with which it is kept in the register to be satisfied on the spot. In order to ensure that such archival is not compromised, the owner of the archive shall be obliged to take the necessary measures to rescue it, as recommended by the archive. If he does not do so, he may be ordered by a decision of the Ministry of Interior to hand over the archival to the archive for free storage for the necessary period of time, which the Ministry shall at the same time determine.
(3) The owner of the archive (paragraph 2) is required to communicate to the archive in which the archive is kept in the register, all the necessary information and the change in ownership.
(4) Archives cannot be exported abroad except for the purposes set out in Section 8. This also applies to archives acquired by foreign nationals and citizens of the CSFR permanently residing abroad.
Inspection of archives
Inspection of archives by Czechoslovak state citizens, institutions and organisations
(1) Everyone can view archives which are stored in archives. Only with the permission of the director or the manager of the archive where the archives are stored may be consulted in archives under 30 years of age.
(2) The consent to be consulted on archives under the age of 30 may not be granted if, by consultation of archives, State security or public security or the legitimate interests of a person would be compromised. For the same reasons, it will be denied access to other archives.
(3) Inspection of archives stored in archives cannot be refused or subject to the consent of the competent authority
(a) persons referred to in Article 6 (4);
(b) public authorities which need to consult the archives in connection with the performance of their tasks; and
(c) public authorities which are entitled under special laws to consult documents, 1)
(d) judicial executors and executors (1b) persons who are entitled under special legislation to consult documents, 1a)
e) If it comes to file materials and archives of the Communist Party of Czechoslovakia.
(4) The archives which have been entrusted to the archives for safekeeping may be consulted under the conditions laid down in the contract.
(5) Listings, copies and reproduction of archives may be issued only under the conditions laid down for viewing the archives.
Scope of the Ministry of Interior
Tasks
(1) The organisation and uniform management and supervision of the archives are the responsibility of the Ministry of the Interior. To this end, the Ministry of the Interior shall in particular:
(a) identify the concept of archiving development, unify the professional activities of archives and the methodology of archival work and ensure appropriate conditions for the security of archives;
(b) ensure the protection and registration of the Single Archive Fund, check its status and storage in the archives and organise its replenishment; decide on the location of archival sites in the contested cases,
(c) supervise the elimination of documents (shredding procedure);
(d) ensure the processing, disclosure and publication of archives;
(e) ensure the professional growth of workers in archives and develop their education;
(f) ensure, within its competence, international, in particular scientific cooperation in the archiving sector;
(g) coordinate the scientific activities of archives and promote its development in cooperation with universities and scientific institutions;
(h) cooperate with state authorities, councils, municipalities and other legal persons on the field of rationalisation of administrative work, in particular with regard to new types of documents arising from their activities.
(2) The Ministry of the Interior may, with the exception of the scope set out in Sections 17 (1) and 18 (1), entrust, within the limits of the law, certain of its tasks in the archiving sector to the national central archives and the national regional archives.
(3) In agreement with a state body, municipality or other legal or natural person, the Ministry of the Interior may include their archives in the State Archive or the City Archive.
Scientific Archives Board
(1) The scientific archive board is the advisory body of the Minister of the Interior for Scientific and Professional Issues of Archives. Its members are appointed and removed from office by the Minister of the Interior after consulting the Minister of Culture. Membership of the Scientific Archives Board shall be honorable and the performance of its duties shall be considered to be of general interest.
(2) The Statute of the Scientific Archive Council is issued by the Minister for the Interior.
Archives
Tasks
(1) The task of the archives is to provide all-round care for the archives, their scientific use and processing. The care of archivaly (archival care) means the collection of archives, the taking of archives from their originators or other entities (including archives arising from the activities of individuals), their proper protection, safe storage, registration and accessibility for scientific and other purposes. Non-professional archival and scientific tasks may be performed by archives only if they are covered by this Act.
(2) The archives are involved in the performance of the public administration, in particular the supervision of the file service, the elimination of documents (the shredding procedure) and the selection of archives, the search, verification and validation of official documents (documents) for both public authorities and citizens, and the implementation of administrative procedures for such acts.
(3) An important mission of the archive, which, with the agreement of the Ministry of the Interior, provides for the organisation (authority) which manages the archive, is a scientific research activity in the field of archiving and related scientific fields.
(4) The archives work together and develop contacts with scientific and other specialised institutions related to the fields in order to exchange experience on expert archival issues, scientific research and the cultural, economic and land-based use of archives.
(5) Archives establish archival libraries in the range of adequate archival care (paragraph 1).
Archive care
State authorities, municipalities and other legal or natural persons with archives shall be required to place them in appropriate buildings (premises) guaranteeing the effective and safe storage of archives and to maintain such buildings (premises) and their facilities properly.
State archives
State Central Archive
(1) The State Central Archive in Prague is an administrative office directly managed by the Ministry of Interior. It is an organisational component of the State and a separate entity. Its budget is part of the budget chapter of the Ministry of Interior.
(2) State Central Archive in Prague
(a) oversees the decommissioning (shredding) of documents arising from the activities of central authorities, top bodies of organisations designated by the Ministry of the Interior and central budget and contribution organisations having their registered office in the Czech Republic and their predecessors;
b) takes care of archivaly arising from the activities of the authorities and organisations in which it oversees the disposal (shredding) of documents and further arising from the activities of the top authorities of the Czech State, as well as state and self-governing bodies and organisations for the Czech country in the past.
State Regional Archives
(1) State regional archives are administrative offices directly managed by the Ministry of Interior. They are the organisational components of the State and separate accounting units. Their budgets are part of the budget chapter of the Ministry of Interior.
(2) The State Regional Archives oversee the decommissioning (shredding) of documents arising from the activities of regional and regional authorities, their organisations and establishments as well as their predecessors and take care of the archives arising from the activities of these authorities, organisations and establishments. This also applies to the supervision of the decommissioning (shredding) of documents arising from the activities of organisations and other persons referred to in Article 23 (1). State regional archives in Brno and Opava also take care of the archives of former state and self-governing bodies and organisations for the countries of Moravia and Silesia and the country of Moravia-Silesia; these national regional archives are named Moravian Regional Archives in Brno and Regional Archives in Opava.
(3) The territorial scope of the individual national regional archives is defined by the territorial districts of the regions,
a) The Moravian Regional Archive in Brno is defined by the district of the regions of South Moravian and Zlín and the region of Vysočina,
b) The State Regional Archive in Litoměřice is defined by the district district of Liberec and Ústecký,
c) The regional archive in Opava is defined by the territorial district of the regions of Moravian-Silesian and Olomouc,
d) The state district archive in Pilsen is defined by the district district of Karlovy Vary and Pilsen,
e) The state regional archive in Prague is defined by the district district of Central Bohemia,
f) The State Regional Archive in Trebon is defined by the district district of South Bohemia,
(g) The State Regional Archive in Zámrsko is defined by the district district of Králové Hradec and Pardubický.
(4) The Ministry of the Interior may, for reasons of efficiency, entrust the supervision of the disposal (shredding) of documents arising from the activities of certain central management organisations, as well as the care of the archives of these organisations to a national regional archive, after prior consultation with the competent central administration body.
State district archives
(1) State district archives are internal organisational units of state regional archives. The director is in charge. State district archives
a) in Blansko, Havlíčkov Broda, Hodonín, Jihlava, Kroměříž, Břeclav, with its seat in Mikulov, Pelhrimov, Brno-rural area, with its seat in Rajhrad, Vyškov, with its seat in Slavkov near Brno, Třebíč, Uherský Hradiště, Vsetín, Zlín, Znojma and Ždár nad Sázavou are the internal organisational units of the Moravian Regional Archive in Brno;
b) in České Lípa, Decin, Jablonci nad Nisou, Chomutov, based in Kadani, Liberec, Litoměřice, based in Lovosice, Most, Semili and Teplice are the internal organizational units of the State Regional Archive in Litoměřice,
(c) in Bruntal, Frýdku - The place, Jeseník, Karviné, New Jičín, Olomouc, Opava, Prostějov, Přerov and Šumperk are the internal organizational units of the Earth Archives in Opava,
(d) in Domažlice, based in Horšovský Týn, Cheb, Sokolov, based in Jindřichovice, Karlovy Vary, Klatovy, Plzni- south, based in Blovice, Plzni- north, based in Plasas, Rokycans and Tachov are the internal organizational units of the State Regional Archive in Pilsen;
e) in Benesov, Beroun, Kladno, Cologne, Kutná Hora, Mělník, Mladá Boslav, Nymburce, based in Lysé nad Labem, Prague-East, based in Thinking, Prague-West, based in Prague, Pribram and Rakovník are the internal organizational units of the State Regional Archive in Prague,
f) in České Budějovice, Český Krumlov, Jindřich Hradec, Písek, Prachatice, Strakonice and Tábor are internal organizational units of the State Regional Archive in Trebon,
g) in Hradec Kralove, Chrudim, Jičín, Nadědě, Pardubice, Rychnov nad Knežně, Svitavy, based in Litomyšl, Trutnov and Ústí nad Orlicí are internal organizational units of the State Regional Archive in Zámrsko.
(2) The State County Archives shall supervise the disposal (shredding) of documents arising from the activities of the State authorities and other bodies, including the authorities of the State and their organisations and establishments, as well as their predecessors, the scope of which is or has been limited to the territory of the district or parts thereof.
(3) The State County Archives shall take care of archivaly arising from the activities of the authorities, organisations and establishments in which they supervise the decommissioning (shredding) of documents.
Archives of the capital Prague and cities Brno, Ostrava, Pilsen and Ústí nad Labem
Archive of the City of Prague
(1) The archive of the capital city of Prague is the organizational component of the capital city of Prague, which it manages.
(2) The archive of the capital city of Prague fulfils the function of the State Regional Archive and the State District Archive for the territory of the capital city of Prague, the scope of which referred to in Paragraph 18 (2) second sentence being limited to organisations and other persons where the capital of Prague and its parts have the function of their founder or the power to establish, manage and abolish them. It oversees the elimination (shredding) of documents arising from the activities of the authorities of the capital city of Prague, the authorities of its urban areas, organisations and facilities in which the capital of Prague or its urban parts have the function of founder or the power to establish, manage and abolish them, and other bodies, organisations and other persons (Section 23 (1)), as well as their predecessors, whose jurisdiction is or has applied only to the territory of the city and its parts.
(3) The archive of the capital city of Prague takes care of archivaly arising from the activities of the institutions, organisations, other persons (§ 23 (1)) and of the facilities for which it oversees the elimination (shredding) of documents.
Archives of Brno, Ostrava, Pilsen and Ústí nad Labem
(1) The archives of the cities of Brno, Ostrava, Plzeň and Ústí nad Labem are the organisational components of these cities that manage them.
(2) The archives of the cities of Brno, Ostrava and Plzeň fulfil the functions of state archives for state and other authorities, including the authorities of the state and their bodies and their organisations and facilities, as well as their predecessors, the scope of which applies or only to the territory of those cities or parts thereof. The archive of the town of Ústí nad Labem serves as a state district archive for the entire territory of Ústí nad Labem.
(3) The archives of the cities of Brno, Ostrava, Plzeň and Ústí nad Labem are responsible for the archival activities of the institutions, organisations and establishments in which they supervise the elimination of documents.
Business archives
(1) State organisations, as well as other legal entities and natural persons engaged in business activities, set up business archives in which they store archives arising from their own activities and, where appropriate, from the activities of their predecessors. Legal and natural persons designated by the Ministry of the Interior to deposit archives in state or urban archives and legal and natural persons who request the archives to take over the archives in temporary or permanent care (§ 7 (2)) shall be excluded from this obligation.
(2) The permanent value of the archives will be assessed in the shredding process by the relevant archive (§ 18 (2)).
(3) For reasons of efficiency, the Ministry of the Interior may determine the time limit upon which archives from the company archives are to be submitted for storage of the relevant archive.
Archives of special importance
(1) Central State bodies or, where appropriate, national or other organisations, where this is appropriate in view of their mission and their special status of exceptional importance, or taking into account the specific nature of the archives, may establish and manage archives of particular importance with the consent of the Ministry of Interior. The consent of the Ministry of Interior to be established shall not be required for those archives of special importance which have already been established before the entry into force of this Act. The approval of the Ministry of Interior is required for the removal of the archive of special importance.
(2) The archives of particular importance take care of archivals arising from the activities of the bodies and organisations which establish and manage them and from the activities of their predecessors and, as the case may be, archives which, because of the effective location of the relevant part of the Single Archive Fund, have taken over their administration with the consent of the Ministry of Interior.
(3) Archives of special importance are governed by the Ministry of the Interior Directives in their professional archival activities.
Specific provisions on the storage of certain archives
Archives of the Federal Ministry of Defence, Federal Ministry of Interior, Federal Security Information Services, Armed Forces, Armed Forces and Security Services
(1) The archives stored in the archives of the Federal Ministry of Defence, the Federal Ministry of Interior, the Federal Security Information Services, the Armed Forces, the Armed Security Corps and the Security Services are part of the Single Archive Fund. These archives are directly managed by the Ministry of the Interior and managed by their founders.
(2) The exclusion of (shredding) documents arising from the activities of the Federal Ministry of Interior, the Federal Ministry of Defence, the Federal Security Information Services, the Armed Forces, the Armed Security Corps and the Security Services is governed by the provisions of this Act (Sections 2 (2) and (3) and Article 6 (3)).
Archives of political parties, political movements and associations of citizens
Political parties, political movements (2) and associations of citizens, (3) If they do not set up their own archives, they may, under pre-agreed conditions, store archives arising from their activities in an archive which would otherwise be competent. These archives also contain archives of political parties, political movements and associations of citizens who have died without a legal successor.
Archives in cultural and cultural education organisations and facilities
This law also applies to archivals which are stored in organisations and facilities active in the field of the Ministry of Culture (museums, libraries, etc.). The consent to inspect the archives (§ 11) deposited in these organisations and facilities is granted by their heads.
Provisions common and final
Penalties
(1) A fine of up to 100 000 Kčs shall be imposed on the State body, county, municipality or other legal person if it infringes an obligation under this law or under a generally binding law issued for its implementation.
(2) If, within a period of one year from the date on which the decision to impose a fine for the re-infringement referred to in paragraph 1 is taken, a fine of up to 200 000 CZK may be imposed.
(3) Paragraphs 1 and 2 shall also apply to natural persons who are in breach of or in connection with an obligation to do business.
(4) The fine referred to in paragraphs 1 and 2 shall be imposed by the State Regional Archive within the territory of the City of Prague. However, if the obligation violates the City Council of the City of Prague or the legal persons for whom the City of Prague has the function of founder or the authority to establish, manage and cancel them, the Ministry of Interior shall impose a fine.
(5) The fine may be imposed within one year of the finding of an infringement, no later than three years from the date on which the infringement occurred.
(6) The proceeds from fines imposed by the State Regional Archives or the Ministry of Interior are the income of the state budget of the Czech Republic, the proceeds from fines imposed by the City of Prague are the income of the capital city of Prague.
(7) The scope of the Prague City Council under this Act is the exercise of the delegation.
So far archives and archives
(1) The archives which correspond to the archives referred to in Sections 17 to 21, 23 and 24 shall be considered as archives under this Act.
(2) The archives which were deposited before the entry into force of this Act in the archives referred to in paragraph 1 and in the archives and, where appropriate, in the organisations and facilities referred to in paragraphs 25, 26 and 27 shall be considered as archives within the meaning of this Act.
Management
The General Rules on Administrative Procedure shall not apply to proceedings under this Act, except under the provisions of Sections 8 (2), 10 (2) and 28.
Empowerment
(1) The Ministry of the Interior shall, for the implementation of this Act, issue provisions governing:
(a) the basic criteria for evaluation of documents and the procedure for the shredding procedure;
(b) details of the recognition of archives as cultural monuments and the way in which to ensure increased protection of archives as cultural and national cultural monuments;
c) the method of keeping records of archives and the composition of the Single Archive Fund in the Czech Socialist Republic,
(d) protection and categorisation of archives;
(e) the conditions and manner in which the archives are used;
(f) archival storage in archives;
(g) the establishment, cancellation, organisation and operation of state archives, archives of the capital of Prague and the cities of Brno, Ostrava, Pilsen and Ústí nad Labem, company archives and archives of particular importance,
(h) details of the procedure for transferring ownership to archival sites.
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Regulation Information
| Citation | Act of the Czech National Council No. 97 / 1974 Coll., on archiving |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.1974 |
|---|---|
| Effective from | 01.01.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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